British Section of the World Federation of Doctors Who Respect Human Life

Copyright 2004 Telegraph Group Limited

THE DAILY TELEGRAPH(LONDON)

July 26, 2004, Monday

SIR - Lord Filkin argues that, far from introducing euthanasia, the Mental Capacity Bill provides greater empowerment for vulnerable people (Letters, July 24). He suggests that clause 58 of the Bill affirming the current law of homicide in England provides that protection. In truth, the Bill consolidates and extends an already defective common law position in England and allows a catalogue of new actors power to permit what the family division of the High Court is authorising.

The case of Airedale NHS Trust v Bland is authority for the proposition that nutrition and hydration may be removed from non-dying patients regarded as having "no best interests" and "no meaningful life" with the intention that they should die. Other cases have allowed compulsory sterilisation and abortion of those with learning disabilities in their "best interests". The Bill also permits non-therapeutic research on vulnerable incapacitated people leaving details to alterable codes of practice.

By allowing these and other decisions to be made by new agents, the Bill seriously disempowers and endangers those with incapacity.

Dr Jacqueline Laing

Department of Law, Governance and Internal Relations
London Metropolitan University